S.S.Dhavan, J. - (1.) This is a petition under Article 226 of the Constitution impugning the legality of an order dated 30-4-1958 passed by Mr. R. N. Dey, I.C.S., Commissioner, Rohilkhand Division, dismissing the petitioner from service under the State of Uttar Pradesh as Supervisor Kanungo. The petitioner has filed a long and rambling affidavit containing the entire history of his case from the year 1947 when he first got into trouble uptill the date of his dismissal in 1958. After looking into the entire record (which consisted of several hundreds of foolscap typed pages) I feel that it is not necessary for me to consider any of the arguments advanced on behalf of the petitioner as I am of the opinion that they have no force, but I have also come to the conclusion that the order of dismissal is vitiated by failure-to comply with the mandatory provisions of Article 311 of the Constitution and must therefore be quashed. It is necessary to give, very briefly the facts which form the background of this case.
(2.) The petitioner states in the affidavit that he was appointed a Supernumerary Kanungo by the Director of Land Records, U. P. on 25-2-1925. In October, 1927, he was confirmed as Supervisor Kanungo and in 1945 promoted as a second grade Supervisor Kanungo. In 1947, however, his troubles and misfortunes began.
(3.) The petitioner was prosecuted under Section 161, I.P.C. for the offence of taking illegal gratification, According to the petitioner the proceedings were a frame-up against him caused by the prejudice and hostility of certain local officials. He was convicted on 19-8-1950, and appealed against his conviction. Without waiting for the result of the appeal, the authority concerned passed an order of dismissal against the petitioner on 19-1-1951. But on 7-3-1951, his appeal was allowed by the learned Sessions Judge of Bareilly on the technical ground that the prosecution of the petitioner was without sanction and therefore without jurisdiction. On 11-11-1952, he was served with a charge sheet in respect of the same offences which were the foundation of the criminal proceedings ending in his acquittal. On 17-1-1953, he was served with a notice to show cause why he should not be dismissed from service. In his reply he contended that the charge was without jurisdiction. He must have been dismissed subsequently, for when he filed a writ petition in this Court (Writ Petition No. 7507 of 1951) a statement was made on behalf of the Government on 23-11-1953, that the order, of dismissal had been withdrawn. The petition having become infructuous was dismissed by a Division Bench of this Court, but the State was ordered to pay the costs of the petitioner. On 6-3-1954, the petitioner made his first representation for the implementation of the decision of the Government -- that is to say, he demanded reinstatement. Subsequently he made numerous representations which again landed him into trouble. On 5-1-1955, he was served with a second charge sheet accusing him of having used language in his representations which was highly objectionable. Quotations from his various representations were included in the charge sheet, which is Annexure VIII of the counter affidavit filed on behalf of the State. This was duly followed by a notice asking him to show cause why he should not be dismissed. In reply to this the petitioner contended that the notice was without jurisdiction. It appears that he also made representations to the then Chief Minister and to several Ministers. His wife appears to have approached the then Governor of the State (the late Shrimati Sarojini Naidu). His efforts eventually were successful, for an order was passed on 25-7-1956, reinstating him in service. This is annexure 'F' of the petitioner's affidavit. The relevant paragraph is No. 2 which runs as follows : "On the dismissal of Shri Saghir Ahmad Supervisor Kanungo district Pilibhit Shri Abdul Qayum a Supernumerary Kanungo was confirmed by the Collector, Pilibhit in that vacancy. Shri Saghir Ah-mad has since been reinstated with effect from the date of dismissal. The orders for confirmation of Shri Abdul Qayum in that vacancy have therefore become infructuous. Shri Abdul Qayum should in supersession of the previous orders now be confirmed with effect from 22-1-1951 in the vacancy caused by the dismissal of Shri Abdul Rahman Khan Supervisor Kanungo district Moradabad. He should be informed accordingly through the collector under whom he may be serving at present. Sd. R.N. Dubey, I.C.S. Commissioner, Rohilkhand Division. Bareilly. No: 1703/9/VII-36 (54-55) dated July 25, 1956. Copy forwarded to all the Collectors in the division for information and necessary action immediately. An uptodate copy of the gradation list fin triplicate) of supervisor Kanungos in such district after the above confirmations may please be sent to me immediately. Sd. Permeshwari Sahaf Head Assistant for Commissioner No. 1710/VII-36-(54-55) of date. Copy forwarded to the Land Reforms Commissioner, U. P, Section 4 Lucknow for information. Sd. Permeshwari Sahai Head Assistant for Commissioner.";